§ 1695a.
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§ 1695a. Pre-application criminal background determination; uniform process for foreign credential verification
(a)Pre-application criminal background determination. An individual may request a pre-application determination of the individual’s criminal background. The pre-application determination shall adhere to the process set forth in section 254 of this title. Results of a pre-application determination shall not be binding on the Secretary in a future application.
(1)The individual’s request for a pre-application determination shall include documentation related to criminal conviction or substantiation, evidence of rehabilitation or mitigation, and identification of which license and any endorsement the individual will seek.
(2)The individual shall submit this request on a form provided by the Secretary, accompanied by the pre-application criminal background determination fee set forth in section 1697 of this chapter. If the individual thereafter applies for licensure, this pre-application fee shall be deducted from that license application fee.
(3)The Secretary shall:
(A)process a request within 30 days of receiving a complete request;
(B)assess the nature of any underlying convictions and substantiations, the nexus to the license and endorsement sought, and the provided evidence of rehabilitation or mitigation; and
(C)respond to the individual’s request in writing, stating whether the individual may seek licensure.
(b)Uniform process for foreign credential verification.
(1)The Standards Board shall adopt rules in consultation with the Secretary that prescribe a process for the Secretary to assess the equivalence of an applicant’s professional credentials earned outside the United States as compared to State licensing requirements for professional educators.
(2)Any determination of equivalence by the Secretary under this subsection
(b)shall be in consultation with the Standards Board, recorded in the applicant’s licensing file, and binding upon the Secretary.
(3)In administering this subsection, the Secretary may rely upon third-party credential verification services. The cost of such services shall be paid by the applicant.
(4)The provisions relating to preliminary license denials set forth in subsection 1704(a) of this chapter shall apply to a license application that is preliminarily denied for nonequivalence under this subsection. (Added 2019, No. 152 (Adj. Sess.), § 8, eff. April 1, 2021.)